Following a US Security Council resolution limiting executive power over tariffs, lawyer Neel Katyal said President Trump’s 15% global tariff should be approved by Congress.
Indian American lawyer Neel Katyal, who led the legal battle that led to the US Supreme Court’s ruling striking down President Trump’s reciprocal tariffs, has questioned the latter’s decision to impose a 15 percent global tariff, arguing that blanket tariffs should be approved by Congress rather than imposed through executive action.
Read also | Trump raises global tariffs to 15%: What does it mean for India?
In a post on X, Katyal said the administration’s reliance on Section 122 of the Trade Act of 1974 to justify the tariffs is legally questionable, especially in light of arguments previously made by the US Department of Justice.
Read also | What products are exempt from Donald Trump’s new 10 percent tariffs? He explained
“It seems difficult for the President to rely on the 15 percent law (Article 122) when the Department of Justice in our case told the court the opposite: “Nor [122] Any application is clear here, as the concerns identified by the President in declaring a state of emergency arise from the trade deficit, which is conceptually different from the balance of payments deficit. If he wants comprehensive tariffs, he should do the American thing and go to Congress. If tariffs are a good idea, he should have no problem convincing Congress. This is what our Constitution requires,” he wrote in his post.
This comes after a landmark Supreme Court ruling that struck down most of the previous tariffs imposed by Trump under the International Emergency Economic Powers Act (IEEPA) of 1977, holding that the administration had exceeded its authority and that the authority to impose taxes rested primarily with Congress.
Read also | ‘Modi was fooling us’: Trump after high praise for India deal amid tariff strike
After the ruling, Trump lashed out at the justices within hours, calling them “fools and subordinate dogs” and claiming the court was influenced by foreign interests. He also announced a new 10 percent global tariff under Article 122, which he later increased to 15 percent, calling it a “fully permitted and legally tested” level, effective immediately, news outlets reported.
(With inputs from agencies)
Stay up to date with US news covering politics, crime, weather, local events, and sports highlights. Get the latest news on Donald Trump and American politics with your 2026 horoscope.
